Terms of Use

The TERMS AND CONDITIONS OF USE (“T&C”) are a legal agreement between you (individual or legal entity) (“You” or “Your”) and Tree Digital Marketing. (“TreeDM”). Your access to and use of TreeDM’s website (“Website”) are subject to and governed by these T&C. Please ensure to read carefully and understand all the rights and restrictions detailed in these T&C. For your information, You may print the T&C using the “Print” option in Your browser. By accessing the Website, you agree to and accept the T&C. TreeDM reserves the right to update the T&C without any notice. You can view the current applicable version of the T&C by clicking on the “Terms and Conditions of Use” link at the bottom of each page of the Website.

NOTWITHSTANDING ANYTHING STATED HEREIN, SOME TREEDM WEBSITES, INCLUDING, BUT NOT LIMITED TO, PASSWORD-PROTECTED SITES, MAY CONTAIN ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS OF USE WHICH WILL APPLY TOGETHER WITH THOSE CONTAINED HEREIN.

Access. TreeDM has the right, but not the obligation, to cancel or suspend Your access to the Website, without notice, due to any conduct that TreeDM, at its sole discretion, considers a violation of applicable law or harmful to the interests of another user, provider, service provider, or TreeDM. TreeDM does not represent that the information on the Website is appropriate or available for use worldwide. Accessing the Website from territories where the content or use of such site is illegal is prohibited. You choose to use the Website at your own risk, and it is Your responsibility to ensure that You comply with all applicable local laws.

Copyright. TreeDM, its suppliers, or the original creator of the material owns all rights to this Website and all intellectual property rights related to the Website. To the extent that TreeDM has the right to do so without compensating third parties and except for material specifically stated under other terms and conditions, TreeDM permits You to copy materials from the Website solely for Your non-commercial use in support of TreeDM products. You agree that all copies of the material will retain all copyright and other proprietary notices contained in the original document. You may not, without TreeDM’s permission, “mirror” any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right under any trademark, patent, copyright, confidential work right, or any other intellectual property right of TreeDM or any third party.

Trademarks. TreeDM and the TreeDM logo are trademarks or service marks, registered or not, of TreeDM. Nothing appearing on the Website shall be construed as granting You, directly or indirectly, the right to use any trademark or service mark reproduced on the Website, whether owned by TreeDM or any provider, without the written permission of TreeDM. All other trademarks are the property of their respective owners.

Information Submitted to TreeDM.

4.1 TreeDM does not wish for You to send and You should not send any confidential or proprietary information to TreeDM via the Website (including submissions through email, chat message, service request form, or any other submission method). Any submission that You make to TreeDM, including, but not limited to questions, comments, suggestions, or similar, will be considered non-confidential and will become the property of TreeDM to the extent that applicable laws allow. Furthermore, by submitting information, You agree that all such information will be treated as non-confidential and non-proprietary, and You grant TreeDM an irrevocable, unrestricted license to record, use, reproduce, display, perform, modify, transmit, and distribute such information. TreeDM may freely use any ideas, concepts, “know-how” or techniques contained in such information for any purpose, including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

4.2 The information provided by You on the Website, including written and oral communications or any other electronic means, may be recorded for quality, diagnostic, or training purposes. By submitting information using the Website, You consent to such recording and use as described in Section 4.1 above.

4.3 Any information provided by You will be treated as described in Section 11 located at the bottom.

Links. THE LINKS ON THIS WEBSITE WILL ALLOW YOU TO LEAVE THE TREEDM WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TREEDM, AND TREEDM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TREEDM IS NOT RESPONSIBLE FOR ANY WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TREEDM PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OR APPROVAL BY TREEDM.

Product Availability. The availability of the products detailed on the Website and the descriptions of those products may vary from country to country. You should check with TreeDM’s corresponding branch or authorized distributor to confirm the availability of the specific product in Your area.

Limitation of Liability. TREEDM, ITS COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR RELATED AGENCIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON SUCH SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF INFORMATION OR DATA, EVEN IF TREEDM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIABILITY IS FOUND TO BE INVALID FOR ANY REASON, THEN THE MAXIMUM AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED US DOLLARS (300,000 COP).

Assignment. You may not assign or transfer the T&C without TreeDM’s prior written consent. TreeDM may assign the T&C to any subsidiary or third party, in whole or in part.

Disputes.

9.1 Any controversy or claim arising out of or relating to the T&C, their performance, or interpretation shall be resolved solely in accordance with the terms established in Article 9. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING, DIRECTLY OR INDIRECTLY, WITH THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.

9.2 Under this Article 9, Actions or Disputes between the parties regarding the T&C must be brought within two years of the cause of action arising.

9.3 Governing Law. The T&C are governed by the laws of Colombia, excluding the principles of choice of law and the United Nations Convention on Contracts for the International Sale of Goods. If any provision of the T&C is found to be unenforceable or invalid, the T&C shall not be considered unenforceable or invalid as a whole, and the provision shall be changed and interpreted to best accomplish the original provision’s objectives within the applicable law’s limits. Failure to enforce any right under the T&C, including but not limited to the right to terminate in the event of a breach or default, shall not be considered a waiver of the right to enforce all provisions of the T&C according to the terms.

Access to Secure/Password-Protected Areas. Access to and use of password-protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access such areas of the Website may be prosecuted.

Data Confidentiality

11.1 You and TreeDM agree to comply in all respects with all applicable data privacy laws and regulations (or any legislation or regulations amending or replacing them) (collectively, “Data Privacy Laws”).

11.2 With respect to the T&C, You: (i) shall not do or permit anything to be done through any act or omission that could jeopardize or contravene TreeDM’s obligations under the Data Privacy Laws; and (ii) shall enter into agreements as TreeDM may reasonably request concerning the cross-border transfer of personal information.

11.3 You shall indemnify and hold TreeDM harmless from any liability, loss, damage, costs (including legal fees), and expenses that TreeDM or any TreeDM affiliate may incur or suffer, whether directly or indirectly (including, without limitation, any economic loss or other loss of profit, business, or goodwill) as a result of any breach of Article 11.2.

11.4 WHEN YOU PROVIDE PERSONAL INFORMATION TO TREEDM ON THE WEBSITE OR REGISTER ON THE WEBSITE, TREEDM MAY TRANSFER AND/OR RETAIN THE PERSONAL INFORMATION YOU PROVIDE TO A COUNTRY OUTSIDE OF WHERE YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL INFORMATION WAS COLLECTED, WHICH MAY NOT HAVE THE SAME OR EQUIVALENT PRIVACY PROTECTIONS. THEREFORE, IF YOU DO NOT APPROVE SUCH TRANSFER AND/OR RETENTION, DO NOT SUBMIT PERSONAL INFORMATION TO TREEDM.

11.5 BY ACCEPTING THESE T&C, YOU AGREE THAT TREEDM MAY SHARE YOUR PERSONAL INFORMATION AND ANY OTHER INFORMATION (EXCEPT FOR YOUR ACCOUNT, CREDIT CARD INFORMATION, AND ORDER INFORMATION) WITH THIRD PARTIES IF TREEDM BELIEVES THAT THEY MAY SERVE YOUR BUSINESS INTERESTS. IF YOU DO NOT APPROVE TREEDM SHARING YOUR PERSONAL INFORMATION AND ANY OTHER INFORMATION IN THIS MANNER, DO NOT SUBMIT PERSONAL INFORMATION OR ANY OTHER INFORMATION TO TREEDM.

11.6 Please click on the “Privacy Policy” link at the bottom of each page of the Website for additional details regarding TreeDM’s information collection and privacy practices.

Complete Agreement. Except as expressly provided in a particular “Legal Notice” on the Website, these T&C constitute the entire agreement between You and TreeDM with respect to the use of the Website and the content.